Missouri, Kansas & Texas Railroad v. Davidson
Court of Appeals of Texas
Appeal from the County Court of Williamson County. Tried below before W. F. Robertson. The citation in this case was served on defendant’s local agent May 22; received by its general attorney at Dallas May 23; sent by him, after employing the interval in having investigation made of the facts, to local attorneys at Bastrop who were to defend the case, at 5:50 p. m. on Saturday, June 2, being delayed in transit; and the motion to set aside default detailed their unsuccessful…
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Appeal from the County Court of Williamson County. Tried below before W. F. Robertson. The citation in this case was served on defendant’s local agent May 22; received by its general attorney at Dallas May 23; sent by him, after employing the interval in having investigation made of the facts, to local attorneys at Bastrop who were to defend the case, at 5:50 p. m. on Saturday, June 2, being delayed in transit; and the motion to set aside default detailed their unsuccessful efforts to procure, by telephone, an attorney at Georgetown to file answer before default was taken, which was on…
1Opinion of the Court
KEY, Associate Justice.
Suit for damages; judgment by default and damages subsequently assessed by a jury. Defendant has appealed. On the points presented for decision, we hold:
1. Ho error was committed in overruling the motion to set aside the judgment by default. The citation was served thirteen days before appearance day, the day on which the judgment by default was rendered, and, if it be conceded that the attorneys who presented the motion and represent appellant in this court exercised sufficient diligence, we can not hold that other agents and representatives of appellant were not…
2Cases cited1 opinion
- Gulf, Colorado & Santa Fe Railway Co. v. PomeroyTexas Supreme Court · 1887
3Cited by11 opinions
- Shikany v. Salt Creek Transp. Co.Wyoming Supreme Court · 1935
- St. Paul Fire & Marine Ins. v. EarnestCourt of Appeals of Texas · 1927
- Houghtaling v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1902
- El Paso & Southwestern Co. v. HallCourt of Appeals of Texas · 1913
- Schultz v. BurkCourt of Appeals of Texas · 1921
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